Party Notice: GPM HOUSTON PROPERTIES LTD vs. FIREMAN'S FUND INSURANCE COMPANY

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                                CAUSE NO. 2010-47654


 TRIYAR COMPANIES, LLC, et al.                          IN THE DISTRICT COURT OF


                                                        HARRIS COUNTY, TEXAS

 FIREMAN S FUND INSURANCE
 COMPANY                                                     JUDICIAL DISTRICT


                                  NOTICE OF CROSS APPEAL

       Defendant Fireman’s Fund Insurance Company desires to cross appeal from the Final

Judgment signed by this Court on November 25, 2013. Although Fireman’s Fund does not seek to

 alter the outcome of the Final Judgment (“that the Plaintiffs take nothing against Defendant

 Fireman’ s Fund”), if the appellate court disagrees with the reasoning of the trial court
                                                                                       that resulted in

that outcome, Fireman’
                s Fund will appeal from: (1) the trial court’s order denying Fireman’ s Fund’ s

 plea to the jurisdiction, signed on August 9, 2013; and (2) the trial court’s denial of Fireman’s

 Fund's motion for directed verdict announced on the record on September 12, 2013 These rulings

 are referred to in the Final Judgment of November 25, 2013.

        Fireman’ s Fund appeals to either the First or the Fourteenth Court of Appeals (although the

 original appeal of this matter filed by Triyar Companies, LLC, et al., already has been assigned to

 the Fourteenth Court of Appeals).

        Attached
             to this notice of appeal is a Local Rule Notice of and Assignment of Related Case

 in Court of Appeals.
Respectfully submitted,

/s/KevinH. Dubose
Kevin  H. Dubose
State Bar No. 06150500
ALEXANDER DUBOSE JEFFERSON
& TOWNSEND LLP
1844 Harvard Street
Houston, Texas 77008
Telephone:   (713)
Facsimile:   (713) 522
kdubose@adjtlaw.com.

MARTIN DISIERE JEFFERSON        &
WISDOM LLP
Christopher  W. Martin
State Bar No. 13057620
808 Travis Street, 20th Floor
Houston, Texas 77002
Telephone: (713) 632
Facsimile:   (713) 222
martin@mdjwlaw.com.

GARDERE WY NNE SEWELL LLP
Robert M. Hoffman.
State Bar No. 09788200
Thanksgiving Tower, Suite 3000
1601 Elm Street
Dallas, Texas 75201
Telephone: (214) 999
Facsimile: (214) 999
thoffman@gardere.com

ATTORNEYS FOR DEFEND
FIREMAN’S FUND INSURANCE
COMPANY
CERTIFICATE OF SERVICE

      On March
             4, 2014, I electronically filed this Notice of Cross Appeal with the Clerk of Court

using the eFile.TX Courts.gov electronic filing system which   will send notification of such filing to

the following(unless otherwise noted below).

James Comell                                       Brendan K. McBride
 ORNELL        ARDUE                                 CBRIDE AW IRM, of Counsel
948 Columbia                                       to    RAVELY      EARSON
Houston, Texas 77019                               425 Soledad, Suite 600
jcomell@comell pardue.com                         San Antonio, Texas 78205
                                                  brendan. mchride@att.net


                                                        /s/Kevin
                                                               H. Dubose
                                                        KevinH. Dubose
Local Rule Notice of and Assignment of Related Case in Appeals

      As required
             by the Local Rules Relating to Assignment of Related Cases to and Transfers of

Related Cases between the First and Fourteenth Courts of Appeals, I certify that the following

proceedings previously have been filed and assigned the Fourteenth Court of Appeals:

       (1)     The main appeal in this case (this is a notice of cross appeal):

              Caption:          Triyar Companies, LLC,et al. v. Fireman’s Fund Insurance Co.

              Trial court
             case number:

              Appellate court
             case number:

       (2)     A pending appeal from an interlocutory order, severed into a final judgment

              Caption:          Fireman’s Fund Insurance Co. v. Triyar Companies, LLC,et al.

              Trial court
             case number:

              Appellate court
             case number:

       (3) A      prior original proceeding arising from this case:

              Caption:          Inre GPM Houston Properties, Ltd., Triyar Companies, Inc.,
                                Triyar Companies, LLC, and SJ MRealty, Ltd.

              Trial court
             case number:

              Appellate court
             case number:

       (4)     Another prior original proceeding arising from this case:

              Caption:          Inre GPM Houston Properties, Ltd., Triyar Companies, Inc.,
                                Triyar Companies, LLC, and SJ MRealty, Ltd.

              Trial court
             case number:
Appellate court
case number:



                   /s/KevinH. Dubose
                   KevinH. Dubose

                   Date: March 4, 2014